ENGINE BRAKE (JAKE BRAKE) RESTRICTION ORDINANCE

Section 1. Purpose 

The purpose of this ordinance is to reduce excessive noise generated by engine compression braking within the Town of Paleto Bay while preserving the ability of commercial drivers to operate their vehicles safely. This ordinance is intended to protect the quality of life of residents without compromising roadway safety. 

Section 2. Definitions 

Engine Compression Brake (Jake Brake) means any mechanical device installed on a diesel engine that alters valve operation or engine compression to slow the vehicle and produce characteristic exhaust braking noise.

Engine Retarder means any auxiliary braking system, including compression brakes, exhaust brakes, or similar devices used to assist in slowing a vehicle.

Emergency Situation means circumstances in which the use of an engine brake is reasonably necessary to avoid a collision, prevent injury, or maintain control of a vehicle.

Section 3. General Restriction 

No person shall intentionally operate an unmuffled or excessively loud engine compression brake within the Town of Paleto Bay in a manner that creates unnecessary or unreasonable noise.

The routine use of engine compression brakes for convenience is discouraged in areas where ordinary service brakes may safely accomplish the same purpose.

Section 4. Safety Exception 

Nothing in this ordinance shall prohibit or penalize the use of an engine compression brake when:

1. Necessary to avoid an accident or hazardous condition;

2. Required to maintain control of the vehicle on steep grades;

3. Used during adverse weather or roadway conditions where additional braking assistance is reasonably necessary;

4. Directed by law enforcement or emergency personnel.

The preservation of life and property shall always take precedence over noise restrictions.

Section 5. Muffler Requirement 

No commercial vehicle equipped with an engine compression brake shall operate within the Town while the required exhaust muffler or noise suppression equipment has been removed, bypassed, damaged, or otherwise rendered ineffective.

Modified exhaust systems designed to amplify engine braking noise are prohibited.

Section 6. Posted Restricted Zones 

The Town may designate specific areas where unnecessary engine compression braking is prohibited through the installation of official signs stating:

"NO ENGINE BRAKE"
"UNLESS REQUIRED FOR SAFETY"

Such zones may include:

• Residential neighborhoods;

• School zones;

• Downtown business districts;

• Hospitals or medical facilities;

• Parks and public gathering areas.

Section 7. Exemptions 

The following are exempt from this ordinance:

• Fire apparatus;

• Ambulances;

• Law enforcement vehicles;

• Military vehicles engaged in official duties;

• Public works vehicles when responding to emergencies;

• Any vehicle using engine braking solely due to an emergency as defined herein.

Section 8. Commercial Carrier Education 

The Town encourages trucking companies and commercial drivers to minimize unnecessary engine braking within municipal limits and to utilize lower-speed driving techniques, service brakes, and properly maintained exhaust systems whenever practical.

Educational signage may be placed at major entrances to the Town reminding drivers to reduce unnecessary engine brake noise.

Section 9. Enforcement 

The Paleto Bay Police Department, Blaine County Sheriff, San Andreas Commercial Vehicle Enforcement, and the San Andreas Department of Public Safety may enforce this ordinance through observation, witness statements, vehicle inspections where authorized by law, and other competent evidence.

A citation shall not be issued solely because an engine brake was heard unless circumstances reasonably indicate that its use was unnecessary or in violation of this ordinance.